Building Law Reports

Contract - Retention - JCT contract with contractors’ design, 1981 edition, clause 30.4.2.1 - Failure to place retention monies in separate account - Crystallisation of bank charge following receivership - Whether right to retention takes priority over floating charge - Whether injunction available to enforce right to retention.

Arbitration - Arbitration Act 1975 section 1 - Whether stay available before pre-arbitration dispute resolution proceedings completed Injunction - Arbitration Act 1950 section 12(6)h - Power to grant injunction when proceedings stayed - Jurisdiction to grant injunction when foreign element to arbitration

Contract - ICE Conditions, 5th Edition, clauses 60(2) and 66 - When certified sum due

Arbitration - Jurisdiction of the arbitrator - Reference to arbitration - Construction of reference

Arbitration - Appeal - Error of arbitrator in rejecting uncontested claim for apparent want of proof of documents -Proper application of rules of evidence - Error in failing to inform claimants of doubts - Errors in rejecting implied terms and claims for damages - Contract - JCT Conditions, 1980 Edition, clause 26.6

Arbitration - Appeal - Civil Engineering Contract -ICE Conditions, 5th Edition - Whether restriction on contractor’s option a variation - Proper value of such a variation - Effect of instruction to contractor not reaching site staff.

Contract - Management Contract - Exclusion clause - Unfair Contract Terms Act 1977, section 3(1) - Whether employer “dealing as a consumer” - Whether contract “standard terms of business” - Whether clause satisfied test of reasonableness